senate Bill S1130

2013-2014 Legislative Session

Provides for a ninety day eligibility limitation on medical services not mandated by federal law

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to social services
Jan 09, 2013 referred to social services

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S1130 - Bill Details

See Assembly Version of this Bill:
A2030
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง117, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2492, A2286
2009-2010: S2983A, A6988

S1130 - Bill Texts

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Provides for a ninety day eligibility limitation on medical services not mandated by federal law.

view sponsor memo
BILL NUMBER:S1130

TITLE OF BILL:
An act
to amend the social services law, in relation to eligibility limitations
on certain medical services not mandated by federal law

SUMMARY OF PROVISIONS: Section 1 amends 117 of the
Social Services Law
by adding a new subdivision 4 to impose a ninety-day state residency
requirement for eligibility for Medicaid services not mandated by
federal law of regulation.

Section 2 authorizes and directs the Commissioner of Health to apply
for any federal waivers required to implement the provisions of
subdivision 4 of Section 117 of the Social Services Law.

Section 4 effective date.

PURPOSE AND JUSTIFICATION: This bill would impose a
ninety-day state
residency requirement for eligibility for Medicaid program services
not mandated by federal law that are offered by New York State.

New York has one of the most generous Medicaid programs in the United
States. People from other states have taken advantage of this state's
generosity towards its residents and purposefully moved to New York
solely for the benefit of its charitable social programs. Federal
Medicaid laws do not permit as a condition of service that an
applicant reside in a jurisdiction for a specific period of time. The
current requirements would continue for those Medicaid services
mandated by the Federal government. However, this bill would require
a 90 day period of residence for eligibility for the additional
Medicaid benefits that New York State also provides. Imposing a
ninety-day state residency requirement before allowing individuals to
qualify for New York's Medicaid program would discourage individuals
from moving to the state solely for the purpose of receiving Medicaid
while preserving Medicaid services for the people who have made New
York State their home.

PRIOR LEGISLATIVE HISTORY:
2005-06 - S.5364/A.7951 - SOCIAL SERVICES/Social Services
2007-08 - S.3291/A.5910 - SOCIAL SERVICES/Social Services
2009-10 - S.2983/A.6988 - HEALTH/Social Services
2011-12 - S.2492/A.2286 - SOCIAL SERVICES/Social Services

FISCAL IMPLICATIONS: Yet to be determined. Cost
savings to both
counties and the state are expected.

EFFECTIVE DATE: This act shall take effect
immediately, provided,
however, that subdivision 4 of 117 of the Social Services Law as
added by section one of this act shall not take effect unless and
until the Commissioner of Health receives all necessary approvals
under federal law and regulation to implement its provisions, and
provided that such provisions do not prevent the receipt of federal


financial participation under the medical assistance program;
provided that the Commissioner of Health shall notify the Legislative
Bill Drafting Commission upon the occurrence of the enactment of the
legislation provided for in this act in order that the commission may
maintain an accurate and timely effective data base of the official
text of the laws of the State of New York.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1130

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, BONACIC, LARKIN, LIBOUS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Social Services

AN ACT to amend the social services  law,  in  relation  to  eligibility
  limitations on certain medical services not mandated by federal law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 117 of the social services law is amended by adding
a new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  ANY
OTHER  PROVISION  OF  LAW,  FOR  THE PURPOSES OF ELIGIBILITY FOR MEDICAL
ASSISTANCE AS PROVIDED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THIS  CHAP-
TER OR ANY SUCCESSOR PROVISIONS THEREOF, NO PERSON SHALL BE ELIGIBLE FOR
MEDICAL  ASSISTANCE  DURING  THE  FIRST NINETY DAYS AFTER SUCH PERSON IS
DEEMED ENROLLED FOR SUCH MEDICAL ASSISTANCE SERVICES  IF  SUCH  SERVICES
ARE NOT MANDATED SERVICES UNDER FEDERAL LAW OR REGULATION.
  S  2.  The  commissioner of health is authorized and directed to apply
for any and all federal waivers required to implement the provisions  of
subdivision 4 of section 117 of the social services law.
  S 3. The commissioner of health shall promulgate any and all rules and
regulations  and take any other measures necessary to implement this act
including, but not limited to, developing  a  services  and  eligibility
plan and distributing the same to local social services districts.
  S  4.  This act shall take effect immediately; provided, however, that
subdivision 4 of section 117 of the social  services  law  as  added  by
section  one  of  this  act  shall  not take effect unless and until the
commissioner of health receives all necessary  approvals  under  federal
law  and  regulation to implement its provisions, and provided that such
provisions do not prevent the receipt of federal financial participation
under the medical assistance program; provided that the commissioner  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-01-3

S. 1130                             2

health  shall  notify  the legislative bill drafting commission upon the
occurrence of the enactment of the legislation provided for in this  act
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

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